A plain‑English guide for homeowners and developers in England & Wales
If you or your neighbour are planning a kitchen extension, loft conversion, internal structural changes or a basement, there’s a good chance parts of the Party Wall etc. Act 1996 apply. The Act doesn’t exist to block projects; it provides a clear set of rules so building can go ahead safely, lawfully and neighbour‑consciously. It balances two things: your right to develop and your neighbour’s right to protection from damage and unnecessary inconvenience.
Below, we explain what the Act covers, when notices are needed, and how the process runs from first notice to final sign‑off.
What the Act aims to do
- Enable development by granting specific rights to the Building Owner (the person doing the works).
- Protect neighbours (the Adjoining Owners) by requiring notice, setting lawful methods of working, and providing a quick, statutory route to resolve disputes.
- Guarantee remedies: if the notifiable works cause loss or damage, the Adjoining Owner must be compensated or have the damage made good.
- Allow access: where necessary, the Act can grant temporary access onto neighbouring land so works can be carried out properly and safely (subject to safeguards).
The three types of work the Act regulates
1) New walls at or across a boundary (Section 1)
- You may build a new wall up to the boundary line (often called a “1(5) wall”) provided no part of the wall, roof, eaves, guttering or other projections cross onto your neighbour’s land. You must serve notice, but you don’t need your neighbour’s consent to place the wall on your side of the line.
- Building astride the boundary (a “1(2) wall”) is different: it does require the Adjoining Owner’s express consent. A shared wall can benefit both properties—your neighbour keeps the right to “enclose upon” it later (usually on payment of a fair enclosure cost).
2) Works to an existing party wall or party structure (Section 2)
“Party structure” covers walls and floors that separate different owners—typical in terraces, semis and flats—and also party fence walls (masonry garden walls on the line of junction). Common notifiable works include:
- Raising the height of a party wall (for example at roof level for a loft conversion) or underpinning to strengthen foundations.
- Repairing, or where necessary demolishing and rebuilding, an aged or defective party fence wall.
- Cutting into the party wall to insert steel beams, joist hangers, padstones or flashing.
- Cutting away from the party wall—e.g., removing a chimney breast or nib.
- Exposing the party wall during works, with proper weathering.
If your design touches, relies on or alters a shared wall or structure, expect Section 2 to apply.
3) Excavations close to a neighbour (Section 6)
Excavating for new foundations is notifiable when it could undermine nearby structures, typically when you dig:
- Within 3 metres of a neighbouring building and deeper than the bottom of their foundations, or
- Within 6 metres where your excavation would cut through a line drawn at 45° downwards from the base of their foundation.
In many Victorian/1930s homes, foundations can be relatively shallow (often <600 mm), while modern foundations and basement works go deeper—so Section 6 is frequently triggered for extensions and basements.
The Party Wall procedure (step by step)
1) Serve valid Notices
The Building Owner (or their surveyor) serves notice on every legal owner affected—freeholders and qualifying long‑leaseholders, not just occupants.
- Lead‑in: at least 1 month before Section 1 or Section 6 works; 2 months for Section 2.
- Notices must clearly describe the works, identify the properties, state the correct section(s), and, for excavations, include drawings/sections showing depths.
2) Neighbour’s response (within 14 days)
An Adjoining Owner may:
- Consent (works proceed without a formal Award.
- Dissent (either appointing one Agreed Surveyor for both owners, or each owner appoints their own surveyor).
- No reply within 14 days is treated as dissent so the statutory safeguards can be put in place.
3) Agreeing the Party Wall Award
The surveyor(s) issue a legally binding document that sets the rules of engagement, typically covering:
- How and when the notifiable works are carried out (methods, sequencing, working hours).
- Protection measures: dust and vibration control, temporary weatherproofing, site access and scaffolds/oversail where relevant.
- Contractor insurances.
- Damage resolution: make good or compensate, with a quick, statutory mechanism to resolve differences.
- Security for expenses where proportionate (e.g., basements or underpinning).
4) Service and start on site
Once the Award is served on both owners—and any notice period has run (or been waived)—the Building Owner can commence the notifiable works in accordance with the Award. Either owner has 14 days to appeal to the County Court on points of law. There is no automatic stay: if works must pause pending appeal, a specific stay is required.
5) Completion and close‑out
If notifiable works have caused damage, the Award provides for making good or payment in lieu at a fair rate. The aim is swift, practical resolution.
Practical points that avoid delays
- Serve the right people: include freeholders and any long‑leaseholders with interests >12 months.
- Be clear: include sections and foundation depths for excavations; reference drawings for wall works.
- Use proportionate wording in the Award: specific enough to protect, pragmatic enough to keep the build moving.
- If designs change, ask your surveyor—many variations can be covered by a further award.
Frequently asked questions
Does a neighbour’s dissent stop the project?
No. Dissent triggers the appointment of surveyor(s) and the Award, which sets lawful safeguards so the works can proceed.
Who pays the fees?
Usually the Building Owner pays the reasonable costs of the Party Wall process, including the Adjoining Owner’s surveyor if they appoint one. Exceptions can apply depending on conduct or if additional works that benefit the Adjoining Owner are requested.
Do I need planning permission before serving notice?
Planning and Building Regulations are separate regimes. Party Wall notices can be served independently, but your surveyor will normally want the structural details that show exactly what’s proposed.
How long is an Award valid?
Works must generally commence within 12 months of serving the relevant notice.
At a glance: when to expect each notice period
- Section 1 (new boundary walls) – 1 month before starting.
- Section 2 (party structure works) – 2 months before starting.
- Section 6 (adjacent excavations) – 1 month before starting.
(You can begin sooner if the Adjoining Owner agrees to waive the balance of the period.)
The bottom line
The Party Wall Act exists to make projects neighbourly, predictable and compliant. Serve valid notices, record the neighbour’s property, and work under a proportionate Award. Do that, and your build stays on programme while everyone’s rights are protected.
Questions or ready for a fixed quote?
Email team@simplesurvey.co.uk — England & Wales’ most cost‑effective Party Wall Surveying team with Party Wall Notice fees from £25.00 and Party Wall Award fees capped at £325.00. We will not be beaten on price!